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BURGESS v. GALLERY MODEL HOMES, INC.

No. 01-01-01014-CV.

101 S.W.3d 550 (2003)

Connie BURGESS, Individually and on Behalf of all Similarly Situated Consumers, Appellant, v. GALLERY MODEL HOMES, INC. d/b/a Gallery Furniture and all Similarly Situated Retailers, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled March 28, 2003.

Attorney(s) appearing for the Case

Ronald J. Kormanik, Sydow, Kormanik, Carrigan & Eckerson, L.L.P., Micheal D. Sydow, Verner, Liipert, Bernhard, McPherson & Hand, Houston, for appellant.

Craig Smyser, Justin McKenzie Waggoner, Smyser, Kaplan & Veselka, L.L.P., Blaine D. Edwards, Houston, for appellee.

Panel consists of Justices HEDGES, KEYES and EVANS.

OPINION

EVELYN V. KEYES, Justice.

This appeal arises from a suit brought by appellant, Connie Burgess, to obtain a refund of overcharged sales tax. On appeal, we must determine whether the trial court properly granted a plea to the jurisdiction in favor of appellee, Gallery Model Homes, Inc. d/b/a Gallery Furniture (Gallery). Burgess presents one issue for our review: whether the trial court has jurisdiction over...

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